Thailand Property: A Brief Guide for Overseas Buyers
In Thailand, land ownership is reserved for Thai citizens (natural persons) and Thai owned companies (juristic persons). 

However, there are exceptions to the land ownership regulations that permit a foreigner to own, or control ownership, of property in Thailand.

It is important to understand that ownership and control of residential properties can be achieved if the proper approach is taken by a prospective buyer. 

There are two approaches available to foreigners to own property

• The establishment of a Thai company with a structure that allows control over acquired properties (freehold).
• Purchases of land leases by foreigners (leasehold)

Establishment of a Thai company

• Thai owned companies can own land and a company is seen to be Thai owned if at least 51% of the shares of the company are owned by Thai natural persons or other Thai juristic persons.
• Ownership or control of land by a Thai company, however, can be structured to allow a foreigner to exercise possession and control of the property through control of the company and, therefore, control of the property.

How is this achieved?

• Thai Law permits a company to issue stock through a two-tiered structure through “Ordinary Shares”, where the holder of one share is entitled to one vote, and “Preferred Shares”, where a shareholder would need, for instance, 20 shares in order to obtain one vote.
• Thai law allows that the Thai majority shares (51%) be issued as “Preferred” shares and the foreign minority shares (49%) as “Ordinary” shares.
• This allocation of shares gives the foreign minority shareholder control of the company.

Purchase of land leases by foreigners

• Thai law allows for leases of up to 30 years and for options to extensions of up to 60 years.
• A foreigner can enter into a long term lease agreement for possession of Thai owned land.
• The foreigner can then purchase or build the structures situated upon the land.
• These leases are generally transferable, meaning the foreigner can sell his or her remaining interest in the lease along with the structures situated upon it.
• Foreigners can also acquire land leases from other foreigners in the same manner.

In summary

• Land Ownership, or control of ownership, can be accomplished provided that a properly structured and sensible approach is taken.
• Although not as simple as buying a used car, it is not nearly as complicated as it may seem. 
• The information provided above presents a general overview of the various ways that over seas buyers can obtain and enjoy residential properties in the Kingdom of Thailand. 

When purchasing a property through Windsor International Properties Limited we strongly recommend that any foreigner planning to acquire property in Thailand seek the assistance and advice of qualified attorneys experienced in such matters.

Windsor International Properties Limited can recommend a law firm to you should you wish to seek assistance in purchasing your property in Thailand.